Posted on: 22 June 2023
Being charged with computer pornography can be embarrassing and upsetting. However, being convicted could bring severe consequences that could upend your life. It's vital that you speak to a criminal defense attorney for help in fighting the charges. To get an idea of what to expect in terms of some potential defenses, read on.
- Lack of Knowledge or Intent: If you were unaware of the presence of illegal pornography on your computer or if someone else had access to your computer and downloaded the material without your knowledge or consent, your lawyer may be able to argue that you lacked knowledge or intent to possess or distribute the material.
- Unlawful Search and Seizure: Your lawyer may challenge the legality of the search and seizure of your computer. If law enforcement obtained the evidence through an illegal search, such as without a proper warrant or without your consent, it may be possible to have the evidence suppressed and the charges dismissed.
- Mistaken Identity: In certain cases, mistaken identity may be a potential defense. If you can provide credible evidence that you were not the person who accessed or possessed the illegal material, you may be able to raise doubt about your involvement in the alleged offense.
- Entrapment: In some cases, law enforcement may engage in entrapment, which involves inducing or coercing an individual into committing a crime they would not have otherwise committed. If your lawyer can demonstrate that you were coerced or induced by law enforcement to engage in illegal activities related to computer pornography, it may be possible to argue entrapment as a defense.
- Technical Issues or Forensic Evidence: Depending on the specific circumstances of the case, there may be potential defenses related to technical issues or forensic evidence. For example, your lawyer could challenge the authenticity or integrity of the evidence, question the accuracy of forensic analysis, or raise doubts about the chain of custody of the evidence.
- Constitutional Violations: If any of your constitutional rights were violated during the investigation or arrest process, such as the right to due process, the right to legal counsel, or the right against self-incrimination, your lawyer may be able to challenge the charges based on those violations.
Each criminal case is unique and your lawyer's approach to the above defenses will depend on your specific case. In addition, the laws about computer pornography vary from state to state. To understand which defenses may be viable in your case, consult with an experienced criminal defense attorney who can evaluate the details, assess the evidence against you, and provide guidance tailored to your situation.
For more information, contact a criminal defense lawyer near you.Share